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(2) Has the Applicant addressed how impacts to the hydrologic balance will be <br />minimized, specifically potential water quantity and quality impacts to the <br />Landrns water well? (Construction Materials Rules 3.1.6 and 6.4.7.) <br />(3) Has the Applicant demonstrated that the culverts can safely handle the designed <br />flow from dewatering and a legal right to use the culverts and associated <br />structures owned by the Colorado Department of Transportation adjacent to and <br />underneath Highway 85? <br />(4) Has the Applicant provided a notarized agreement or an appropriate engineering <br />analysis for the following structures within 200 feet of the affected area: <br />(Construction Materials Rule 6.4.19) <br />a. The Landrus's barn, home and garage; <br />b. the Kerr-McGee gas line; and <br />Highway 85 and its related foundations and drainage systems. <br />8. Prior to the start of the Applicant's presentation, the parties agreed on the record that <br />issues (1)a, (1)b and (4)c had been resolved and were no longer issues. Each of the <br />remaining issues is discussed in greater detail below. <br />Issue 2: Water Quantity and Water Quality hnpacts to Landrus Well <br />9. Construction Materials Rules 3.1.6 requires an applicant to address how disturbances to <br />the prevailing hydrologic balance of the affected land and surrounding area will be <br />minimized. Construction Materials Rule 6.4.7 requires an operator to demonstrate how <br />water from operating surfaces will be managed to protect against pollution of either <br />surface or ground water during and after the mining operation. <br />